The Federal Judicial Branch Goal C&G.5.2 – Describe the structure of the court system; identify the types of jurisdictions and laws found in the court system

Appeals Court A. Establishment of the Supreme Court 1.In Article III of the Constitution 2.1 U.S. Supreme Court & 50 state court systems 3.Federal Courts: ** Judiciary Act of 1789 Have 3 Levels 4. Jurisdiction: court’s authority to hear & decide on cases Supreme Court District Courts

B. Federal Courts 1.Federal Courts have exclusive jurisdiction over 8 kinds of cases (only they hear/decide these cases): a) Involving the Constitution - Ex: denied freedom of speech b) Violations of Federal Laws - Ex: kidnapping, tax evasion, counterfeiting, patents, bankruptcy, bank robbery c) Disputes between states - regarding boundary lines, water claims, other property issues d) Disputes between citizens of different states - ex: citizen of one state sues citizen of another state e) Involving the Fed. Govt. - lawsuits where gov’t can sue or citizens can sue the government f) Involving Foreign Gov’t & Treaties - ex: disputes between a foreign gov’t and an American company g) Accidents/Crimes on the High Seas - ex: property rights of items found in a shipwreck off the coast of NC * admiralty / maritime laws h) U.S. Diplomats - if diplomat in another country breaks an American law

C. State Courts 1.Have jurisdiction over all other matters 2.Most court cases involve state law = state courts * 90% of all cases 3. Some can be heard in both = concurrent jurisdiction

D. Federal Court Levels 1.District Courts judges/94 district courts a) almost all cases must begin here b) original jurisdiction- hear the cases for the first time c) determine the facts for the case d) each has a jury 2. US Appeals/Circuit Courts judges (aka Court of Appeals or Appellate Courts) a) appellate jurisdiction- review decisions from lower courts b) 12 courts of appeals, but no “trials” – 3 or more judges decide to keep the first decision, reverse the decision, or remand (send it back to be tried again) the case c) no jury

E. Supreme Court 1.General information a) main job to decide whether laws are allowable under the US Constitution * to interpret laws b) do not have to choose to hear every case; the lower court’s decisions will remain unchanged c) final authority in cases w/ Constitution, Congress, and treaties d) no jury e) have original jurisdiction (2 areas: involving foreign diplomats and disputes between states) and appellate jurisdiction  uses this one the most

E. Supreme Court (con’t) 2. Justices – 9 total a) 8 associate justices and 1 Chief Justice (1) Chief: picked by President (approved by Senate), presides over sessions (sits in the middle) b) Appointed by President w/ approval of Senate (1) will choose someone w/ similar views (2) Senate can & has rejected appointed justices c) 1 st African American- Thurgood Marshall (1967) 1 st Woman- Sandra Day O’Connor (1981) d) appointed for life * no qualifications listed in Article III

E. Supreme Court (con’t) 3. Powers a) legislative & executive branches must follow their rulings b) Judicial Review (1) decide if laws are constitutional (2) has power to cancel (nullify) a law (3) not given to the S Ct in Constitution but granted through Marbury vs Madison (1803) - helped give the judicial branch equal power - Constitution is the supreme law of the land, the Constitution always wins, judicial branch’s job is to uphold the Constitution c) interprets laws made by Congress

F. Keeping the Judicial Branch in Check 1.Legislative: a) Pass a new law or change an old law b) Adopting a new amendment to the Constitution c) Approve justices being appointed d) Impeach (and remove) justices 2. Executive: a) President appoints justices b) President uses pardons, amnesty, reprieves, and commutations (reducing sentences)

United States Court System U.S. Supreme Court (Justices/no jury) Original and Appellate jurisdiction Circuit/Appellate Courts (Judges/no jury) Appellate jurisdiction U.S. District Courts (Judges/jury) Original jurisdiction

The Federal Court System U.S. Court of Appeals for the Federal Circuit U.S. Court of Military Appeals U.S. Courts of Appeals (12) Military Courts U.S. Tax Court Terri- torial Courts District Courts (94) U.S. Court of Inter- national Trade Courts of the D.C. U.S. Claims Court Federal Regulatory Agencies Highest State Courts U.S. Supreme Court (1) * court-martial original and appellate jurisdiction appellate jurisdiction original jurisdiction = Special courts (trying and punishing military offenses committed by soldiers or sailors in the army or navy)